[WSBARP] WSBARP Digest, Vol 71, Issue 16
David Moe
davidmoe at maplevalleylaw.com
Thu Aug 20 19:23:49 PDT 2020
Sorry to chime in late on this, regarding posited facts below. I didn't see anyone address the question on how to document/close the following:
[$800K net estate consisting of a real property valued at $600K, and $200K of other distributable assets, 4 equal beneficiaries, executor with nonintervention powers, and beneficiary #1 wants to use her entire $200K equal share as down payment (or refinance equity) and to obtain an institutional mortgage loan of $400K to "buy out" the other 3 beneficiaries]
Under WAC 458-61A-202(3) Examples, look farther down at Section 5 Subsequent Transfers. See the example at Section 5(c), Example 4, beginning "Sheri and her two sisters . . .."
I take Jeanne Dawes' question as, "What do the Title Co, the lender, the executor, Buyer and the LPO escrow closer need to accomplish and close this non-pro rata estate distribution, considering that also it involves both a share buy-out and a mortgage loan, all in one closing or two closings each contingent on completion of the other?
Answer that has worked for my client and me:
1. TEDRA which will pass muster with the Lender, Title Co., and Escrow closer, also as a complete purchase and sale agreement setting forth all salient terms of the non-pro rata distribution-with the four beneficiaries and the executor joining in the TEDRA, which calls for--
2. Quit claim deed (or bargain and sale deed) by the selling three beneficiaries i/f/o the Executor, with total (combined) sale amount of $400K, each to receive 1/3 of proceeds upon closing of the institutional loan transaction, less closing costs allocated per the TEDRA
3. A separate excise Tax Affidavit (REETA) just for this step of the transaction with excise tax, escrow costs, etc. applicable to this step to be paid per the terms of the TEDRA, on $400K (to come from "buyer's" mortgage loan)
4. Executor's quit-claim (or bargain and sale) deed i/f/o the borrower/beneficiary, conveying all the Executor's right, title and interest in the property as a an "inheritance or devise" estate distribution
5. A separate REETA claiming the Executor's deed is totally exempt under 458-61A-202(4), per example (5)(c) thereunder.
The trick is getting the Title Insurance Company, Institutional Lender, Escrow, Executor and four beneficiaries on board with a detailed TEDRA. To see a recorded example of successful implementation, download AFN 20161004001089, E#2826182, and instruments recorded consecutively therewith. If loan terms would be better, borrower might also apply for treatment as a "refi" loan, considering that going into the transaction, borrower by law deemed already a one-fourth owner upon the death of testator/parent.
Dave Moe
David Moe Attorney, P.S.
Telephone: 425-432-1277
Fax: 425-432-1280
New Address As of August 2019:
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Maple Valley, WA 98038
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Monday, August 17, 2020 3:46 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
See WAC 458-61A-202 (2) Non pro rata distributions and examples in (3)
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Monday, August 17, 2020 3:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
In my view, the transaction is exempt in the amount of $150,000. Excise tax is owing on $450,000
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account.
***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Monday, August 17, 2020 3:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
I appreciate this discussion and have a question:
If one of the estate beneficiaries is the "purchaser" and a portion of the purchase price is that beneficiary's share of the entire estate, shouldn't they be entitled to a partial exemption?
Example: Entire estate is $800,000; house is worth $600,000. Four equal beneficiaries. One beneficiary "buys" the house with $200,000 share of the estate down and $400,000 loan; excise would only apply to the "new money" part of the transaction from the loan. Correct?
Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Monday, August 17, 2020 2:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
I don't believe that there is an exemption for an arm's length sale by the PR to a third party.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account.
***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
Sent: Monday, August 17, 2020 10:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
It's a sale and REET applies. Just like any other sale. Not sure why the LPO won't close. You treat it like any bon-a-fide sale, with REET Affidavit and payment.
Jeanne
Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice: 509-326-7500
Fax: 509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lisa Chiang
Sent: Monday, August 17, 2020 10:00 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 71, Issue 16
Silly REETA question re WAC 458-61-202:
Everyone here understands that there are exemptions to REET when it's an inheritance or devise. I've also had the situation where beneficiaries are getting non pro rata distribution, so one sibling gets the house instead of all of them.
Can anyone provide guidance on when the PR sells the real property to a third party, i.e. an arms length buyer? Escrow agent says they will not close and that this WAC does NOT apply and excise tax is due per the title officer. And that there will be a lien on title if we do it this way (using the WAC).
TIA,
Lisa 206.569.8838
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Today's Topics:
1. County Assessor Fails to Pick Up Recording (Jeff Davis)
2. Re: County Assessor Fails to Pick Up Recording (Robert Condie)
3. Re: County Assessor Fails to Pick Up Recording (Jeff Davis)
4. Off-topic - referral for plt employment (Teague Pasco)
5. Re: County Assessor Fails to Pick Up Recording (Kary Krismer)
----------------------------------------------------------------------
Message: 1
Date: Fri, 14 Aug 2020 14:17:19 -0700
From: "Jeff Davis" <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: mindy at bellanddavispllc.com<mailto:mindy at bellanddavispllc.com>
Subject: [WSBARP] County Assessor Fails to Pick Up Recording
Message-ID: <000f01d67280$4b91b930$e2b52b90$@bellanddavispllc.com<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://bellanddavispllc.com>>
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Listmates,
Last year we recorded a death certificate to transfer title to the surviving
joint tenants. The coversheet contained the Decedent as Grantor, the
surviving Joint Tenants as Grantees, properly referenced the deed creating
the joint tenancy with right of survivorship and the tax parcel ID. County
assessor has not picked up the recording with the decedent's name still on
title. Have any of you had this happen in the past. Do I just write the
assessor and provide them a copy of the recorded death certificate?
Jeff Davis
W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>> info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
<http://www.bellanddavispllc.com/<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com/>> www.bellanddavispllc.com<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com>
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Message: 2
Date: Fri, 14 Aug 2020 15:17:48 -0700
From: Robert Condie <rgcondie at mac.com<mailto:rgcondie at mac.com>>
To: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>, Real Property List
<wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: mindy at bellanddavispllc.com<mailto:mindy at bellanddavispllc.com>
Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
Message-ID: <7468C8C4-45D9-4BF4-BA04-C8AF9F6F041C at mac.com<mailto:7468C8C4-45D9-4BF4-BA04-C8AF9F6F041C at mac.com>>
Content-Type: text/plain; charset="utf-8"
If you didn?t submit a Real Estate Excise Tax Affidavit in the transaction, it is likely the Assessor is unaware that anything has changed. You could contact the Assessor directly and give notice of the decedent?s passing.
Thank you for allowing me to be of service. Please contact me if you have any questions or if I may be of further assistance.
With kind regards,
Robert G. Condie
Condie & Adams, PLLC
Office Address:
611 4th Avenue, Suite A
Kirkland, WA 98033-6019
Mailing Address:
13617 117th Avenue NE
Kirkland, WA 98034-2161
eMail: rgcondie at mac.com<mailto:rgcondie at mac.com>
Direct: (425) 823-1040
Mobile: (425) 823-1041
Fax: (425) 823-1042
NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
> On Aug 14, 2020, at 14:17, Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>> wrote:
>
> Listmates,
>
> Last year we recorded a death certificate to transfer title to the surviving joint tenants. The coversheet contained the Decedent as Grantor, the surviving Joint Tenants as Grantees, properly referenced the deed creating the joint tenancy with right of survivorship and the tax parcel ID. County assessor has not picked up the recording with the decedent?s name still on title. Have any of you had this happen in the past. Do I just write the assessor and provide them a copy of the recorded death certificate?
>
> Jeff Davis
>
> W. Jeff Davis, Esq.
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>>
> www.bellanddavispllc.com<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com> <http://www.bellanddavispllc.com/<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com/>>
>
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>> or call 360.683.1129
>
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>
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Message: 3
Date: Fri, 14 Aug 2020 15:39:01 -0700
From: "Jeff Davis" <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
To: "'Robert Condie'" <rgcondie at mac.com<mailto:rgcondie at mac.com>>, "'Real Property List'"
<wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: mindy at bellanddavispllc.com<mailto:mindy at bellanddavispllc.com>
Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
Message-ID: <002901d6728b$b59882e0$20c988a0$@bellanddavispllc.com<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://bellanddavispllc.com>>
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Thank you for all your responses. I did call the assessor and yes they did not pick it up because no excise tax affidavit was filed; but she did not say one was require but that they rely on the affidavits. She also said you could record a document and just call them up with the reference number, which means you could also notify them by mail.
Here in Clallam County we never file excise tax affidavits for recording this type and other non-deed documents. Our Assessor receives copies of all recorded documents.
Needless to say, the problem is solved, thank heavens its Friday.
Jeff
From: Robert Condie <rgcondie at mac.com<mailto:rgcondie at mac.com>>
Sent: Friday, August 14, 2020 3:18 PM
To: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>; Real Property List <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: mindy at bellanddavispllc.com<mailto:mindy at bellanddavispllc.com>
Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
If you didn?t submit a Real Estate Excise Tax Affidavit in the transaction, it is likely the Assessor is unaware that anything has changed. You could contact the Assessor directly and give notice of the decedent?s passing.
Thank you for allowing me to be of service. Please contact me if you have any questions or if I may be of further assistance.
With kind regards,
Robert G. Condie
Condie & Adams, PLLC
Office Address:
611 4th Avenue, Suite A
Kirkland, WA 98033-6019
Mailing Address:
13617 117th Avenue NE
Kirkland, WA 98034-2161
eMail: rgcondie at mac.com<mailto:rgcondie at mac.com> <mailto:rgcondie at mac.com<mailto:rgcondie at mac.com>>
Direct: (425) 823-1040
Mobile: (425) 823-1041
Fax: (425) 823-1042
NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
On Aug 14, 2020, at 14:17, Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com> <mailto:jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>> > wrote:
Listmates,
Last year we recorded a death certificate to transfer title to the surviving joint tenants. The coversheet contained the Decedent as Grantor, the surviving Joint Tenants as Grantees, properly referenced the deed creating the joint tenancy with right of survivorship and the tax parcel ID. County assessor has not picked up the recording with the decedent?s name still on title. Have any of you had this happen in the past. Do I just write the assessor and provide them a copy of the recorded death certificate?
Jeff Davis
W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>>
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The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>> or call 360.683.1129
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Message: 4
Date: Fri, 14 Aug 2020 20:58:52 -0700
From: Teague Pasco <pasco at pasco-law.com<mailto:pasco at pasco-law.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Off-topic - referral for plt employment
Message-ID:
<CAA41B-wzMk+TbgzsaBJ-SA7aKx7r+2suVirZfDVEkEcVG3mYPQ at mail.gmail.com<mailto:CAA41B-wzMk%2BTbgzsaBJ-SA7aKx7r%2B2suVirZfDVEkEcVG3mYPQ at mail.gmail.com>>
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Hello listmates,
I am looking for referrals for a friend of mine who needs to talk to a
plaintiff's employment attorney, in Tacoma or south King. I did all my
practicing in Kansas City, so would greatly appreciate local recs to steer
my friend to the right counsel.
Thanks in advance! I have really appreciated this listserve as a new to WA
lawyer.
Teague Pasco, J.D., LL.M. - taxation
1214 S. 68th St.
Tacoma WA 98408
pasco at pasco-law.com<mailto:pasco at pasco-law.com>
Cell: 360-643-3990
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Message: 5
Date: Sat, 15 Aug 2020 07:28:11 -0700
From: Kary Krismer <Krismer at comcast.net<mailto:Krismer at comcast.net>>
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
Message-ID: <8151e44b-06a2-69bb-8d83-30fbd37e927a at comcast.net<mailto:8151e44b-06a2-69bb-8d83-30fbd37e927a at comcast.net>>
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I see an answer has already been given (lack of excise tax affidavit),
but my question would be how necessary was this to do at the current
time, as opposed to later when you want to sell? We once had a client
husband unexpectedly die during a listing and that didn't hold up the
transaction at all.
That listing actually lead to one of my favorite stories about real
estate agents.? As you're all probably aware RE agents tend to be the
type who want things done immediately, if not sooner. On this listing I
had to convince the buyer's agent that her client's offer should expire
the next day, because my client probably didn't want to consider it on
the same day that her husband died.? It took some convincing, but the
agent finally agreed.
Kary L. Krismer
206 723-2148
On 8/14/2020 2:17 PM, Jeff Davis wrote:
>
> Listmates,
>
> Last year we recorded a death certificate to transfer title to the
> surviving joint tenants.? The coversheet contained the Decedent as
> Grantor, the surviving Joint Tenants as Grantees, properly referenced
> the deed creating the joint tenancy with right of survivorship and the
> tax parcel ID.? County assessor has not picked up the recording with
> the decedent?s name still on title.? Have any of you had this happen
> in the past.? Do I just write the assessor and provide them a copy of
> the recorded death certificate?
>
> Jeff Davis
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>>
> www.bellanddavispllc.com<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com> <http://www.bellanddavispllc.com/<https://r.xdref.com/?id=07HHTCHG045180&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.bellanddavispllc.com/>>
>
> The information contained in this e-mail message may be privileged,
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> info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>> or call
> 360.683.1129
>
>
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End of WSBARP Digest, Vol 71, Issue 16
**************************************
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Estate planning and settlement, trusts, real estate and non-immigrant visas
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